General Conditions

Suppler Registration Terms and condition Document

 

Preamble

Al Madar Al Jadid Company ـ A Libyan company established under the Laws and regulations of Libya, commercial registration No. (29275)  ـ Aims to develop and improve relations with its suppliers by introducing a modern Interactive system to communicate with them. 

Whereas the Supplier has acquainted, convinced with system specification, which generally functions to automate registration procedures, use of the Internet and other means of communication, and through the adoption of this document, agreed to the terms contained therein and agreed to abide by all the provisions therein.

 

1.       Definitions

The following words and expressions shall have the meanings assigned to them unless otherwise specified.

WordMeaning
CompanyAlmadar Aljadid company
SupplierContractor, supplier or service provider
Systemshall mean the automated system for which is owned and managed by Almadar Aljadid company
UserShall mean the person selected by the supplier to represent him in using this system.
Usageshall mean the registration for accessing the system and dealing with it in any format such as registering the firm, distributing the authorizations, sending and receiving documents and offering quotations
Documentsshall mean written or electronic document prepared by any party of this Document , such as (registration data, invitations, specifications conditions and technical and financial offers)
pre-qualificationIt is the act of incorporating Supplier's name and information within the suppliers master list who are dealing with them in one or more various activities, this procedure can be accepted after completion to all required relevant procedures such as specified by the system

 

2.      Purpose of the Document

This Document aims to register the supplier with the company's system and to regulate its relationship by stating the main terms and conditions of dealing and requirements of system registration.

 

3.      Document Reviewed And Addition of Terms

The Company may upon its discretion amend this document or incorporates further conditions therein hence Supplier will be committed to make periodical review for conformity purpose.  However, continuity in dealing with the Company will be deemed as an implied consent to amendments or additions.

 

4.      The Company's Responsibility
The Company will act in good faith to maintain a good relationship with the supplier and will endeavor to render the system as an effective and highly efficient tool and to abide by the content of this Document.

The supplier exempts the Company or any of its representatives & affiliates from any liability, losses, damages or financial claims pertaining to the functions provided by this system, such as the cost for accessing the system, costs for preparing proposals, or loss of information provided by the supplier or failure to invite suppliers for submitting proposals or delay in notifying the supplier with the request for proposal etc.
 

5.      The Company Acceptance of the Registration 
It is agreed that completion of  the Suppliers of all or part of registration requirements will not necessarily give them the right in pre-qualification , unless written confirmation of Company's consent is  issued, it is also agreed that said confirmation of pre- qualification doesn't constitute a pre-conditional right for tender invitations.

6.      Information
The supplier shall be responsible for accuracy, integrity and validity of all information and documents submitted or shall submit to the Company.

The Company reserves the right to seek any means deemed necessary to verify this, also without prejudice to the terms and regulations pertaining information confidentiality, the Company shall have the right to request clarifications or documents supporting this information from the supplier or any concerned party
 

7.      Implementation of Electronic Service 
The Company shall accept to implement the electronic operations carried out by the user, subject to their consistency with the established conditions and the regulations.

The suppliers shall confirm their Acknowledgement that electronic processes have the same enforcement and effect of the processes that are implemented in written or document format. Based on this, all processes or obligations arising through the system shall be considered identical or complementary to those arising in document format and considered a base for establishing the obligations. In addition, the system records shall be considered as irrefutable evidence for settlement of any disputes that may arise between the supplier and the Company.
 

8.      User ID & Passwords
Upon registration, a reference number will be assigned to the supplier and will be granted a username & password.

Accordingly, the supplier shall undertake to the following:

 

  1. The main user shall be a legal representative on behalf of supplier, although he has the right to delegate the authorizations.
  2. Maintain the confidentiality of user ID and passwords.
  3. Make every possible effort to maintain the integrity of the codes and numbers, as well as avoiding entering them in any computer or computer materials or any documents or multimedia.
  4. The user ID shall be given only to his direct affiliates that are authorized by him to access the system.
  5. Obtain declaration from his affiliates for observing the confidentiality of those codes.
  6. Deactivate / reset the main username in cases like user resignation or user become unaccredited for representation or etc.
  7. Inform the Company immediately in case of loss of the main user ID code or termination of the main user relation with the supplier.

 

9.      Mechanization of procedures

The Company shall develop the mechanization of purchases and contracting processes in gradual stages, whereas the supplier shall be obliged to set up and mechanize his procedures in consistent with the Company instructions or in consistent with the requirements of the Company implemented stages .

 

10.  Supplier Liability
Without prejudice to the provisions of the laws and regulations prevailing in the State of Libya, the supplier shall be fully responsible for any damage caused by him or his affiliates, employees to the system and he shall also be fully responsible for any damage caused by him to the Company during his implementation of any contract being concluded between him and the Company.

 

11.  Supplier pledges

The Supplier affirms its commitment to fulfill any obligations determined by the Company as part of the registration or contracting procedures, including:

    1. Legal & Ethical commitment Form.
    2. Information Non-Disclosure Agreement.

These documents shall be deemed to be an integral part of the terms and conditions of the operations offered by the Company and of the contract documents by type, where applicable, and the Supplier shall observe its terms and conditions when preparing bids or similar.

 

 

12.  Cancellation of the Registration

Procedures for registration of the supplier shall remain valid with Al Madar Al Jadid Company after being notified of its qualification, unless otherwise notified, taking into consideration the following:

  1. The Company shall notify the Supplier of its wish to cancel the registration.
  2. The Supplier shall be granted a grace period of 30 days from the date of notification.
  3. The cancellation shall not affect an existing contract between the two parties for executing certain process.
  4. Finalization of any obligations of either party to the other.

     

13.  System Ownership

The supplier shall confirm his acknowledgment that being given the necessary authorization for system usage does not grant him as well his staff the possession right in any form of proprietary material, documents, trademark, logo programs or any materials deemed proprietary, which pertain to the system's component or transmitted through the system or derivative thereof. And he shall hold liable against users' acts like infringing, amending, duplicating or misusing the properties or any part thereof.

 

14.  Responses

The supplier shall be obliged to respond to the Company's requirements, such as RFP's and answering any inquiries in a speedy manner, without any delay within the time frame. Otherwise, he shall explain reasons in case of failure to respond to the Company's requirement.

 

15.  Notices

    1. All notices, communications and documents pertaining to this agreement shall be exchanged in the supplier's register through the approved e-mail or through the system, and shall be considered as producing their effects if they reach the following addresses :
  • As for the Company: Gurji – Tripoli – Libya , PO Box ( 83792)  
  • For the Supplier: the address he registered in the system.

     
    1. Addresses may be amended through the System means.

       
    2. The Supplier shall adhere to the secure communication means (mentioned in item #1) when available, violating this condition, i.e. use of less secure (e-mail), may result to message ignorance.

       
    3. The Supplier hereby warrants, represents and undertakes that -
  1. submitted addresses shall remain valid over the entire course of registration  and shall be updated promptly whenever been amended ;
  2. Mailing system and its utilities are safeguard against any potential risk ;
  3. Mailing system along with all its utilities are capable and secure to perform in conformity to the purpose of this registration  and supplier requirements;
  4. designated recipient/s are granted always sufficient authority to check mail content, review and act on behalf of Supplier when required;
  5.  Shall bear all consequences and damages arising from overdue receipt, messages content leakage, theft or misconduct due to reasons not attributable to company.

Above-mentioned messages apply essentially to usernames, newly created passwords and reset passwords

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